How long can police keep a
criminal case investigation open in Utah?
There are no legal limitations on the length of time that police can
keep a criminal case investigation open in Utah. Some police
investigations can continue for years. But most investigations remain
open no longer than a few days or weeks. As a practical matter, there
is no reason for an investigation to continue longer than the statute
of limitations for the crime in question. Once the limitations period
has expired, a prosecutor will be barred from filing charges.
The more serious the case, the more
likely it is that police will devote the resources
necessary to sustain a longer term investigation.
Murder
cases may remain open for years. But a
shoplifting
case is not likely to last any longer than it takes for a police
officer to go to the store and write the citation.
If you believe you are under investigation, or if you have been charged
with a crime, having the assistance of an
experienced
criminal defense lawyer is vital. You
should
not speak with police or investigators until you have first
consulted with an attorney.
Contact
us today to arrange for a confidential consultation with Utah
criminal attorney Stephen
Howard. Based in Salt Lake City, Mr. Howard provides offers legal
services to clients throughout Utah.
Utah Statute of Limitations for Criminal Offenses
Misdemeanor Statute of Limitations
For most
misdemeanor
crimes, Utah Code 76-1-302 provides a two-year
limitations
period. This means that prosecution must be commenced
(usually by filing a formal Information) within two years from the date
the offense is committed. The Utah criminal code provides an exception
for negligent homicide (a class A misdemeanor), allowing a four-year
limitations period. Prosecution for an infraction must be commenced
within one year from the date the offense is committed.
Felony Statute of Limitations
The general
statute
of limitations for
felony
crimes in Utah allows a four-year period in which the prosecution must
be commenced. A charge of incest or forcible sexual abuse may be filed
within eight years, so long as prosecution is commenced within four
years of the time it is first reported to law enforcement. There are a
number of other exceptions to the general four-year limitations period
that are discussed below. But unless the felony case involves one of
these exceptions, the case must be filed within four years from the
time the offense was committed.
Exceptions Based on Fraud
Crimes involving
fraud
are sometimes hard to discover immediately. As a result, the
legislature has extended the limitations period for crimes involving
fraud or a breach of fiduciary duty as a material element. Utah Code
76-1-303 provides that even if the regular limitations period has run,
prosecution for such a crime may be commenced within one year from the
time it is reported to a law enforcement agency. But this provision
cannot be used to extend the filing time by more than three years.
Exceptions for Violent Felonies Based on DNA Identification
With advancements in DNA identification technology, law enforcement
agencies are sometimes able to identify a suspect in a
criminal case years later by using DNA collected at the time the crime
was committed. The Utah legislature has made exceptions to the standard
statute of limitations period for "violent felonies" (as defined under
Utah's Habitual Violent Offender law, Utah Code 76-3-203.5). For these
violent felonies, prosecution may be commenced within one year of the
time that the suspect's identity is determined using DNA identification.
Crimes with no Limitations Period
The Utah legislature has established a list of crimes considered so
serious that there is no statute of limitations period. These crimes
include (not an exhaustive list) murder, manslaughter, aggravated
kidnapping, child kidnapping, rape, forcible sodomy, sodomy on a child,
aggravated sexual abuse of a child, and aggravated sexual assault.
Because the legislature has determined that these crimes are so
serious, a prosecution may be commenced at any time.
Tolling the Statute of Limitations
Utah
law provides that the limitations period for filing a criminal
prosecution is tolled (put on hold) during any period of time in which
the defendant is not within the borders of the State of Utah. This
provision of the Utah Code is rarely used. But in circumstances where a
defendant allegedly committed a crime in Utah and then moved to another
state, a charge could theoretically be filed many years later - even
after the normal statute of limitations period had expired. While the
statute of limitations would not bar prosecution of such a case, it is
possible that Constitutional Due Process or Speedy Trial protections
might prevent such prosecutions.
Finding a Utah Criminal Defense Attorney in Salt Lake City

If you are under investigation for a crime in Utah, or if charges have
already been filed, an experienced
criminal
defense attorney can make
all the difference. Stephen Howard's
track record includes not
guilty verdicts and dismissals for some of the most serious crimes on
the books in Utah. He has also successfully negotiated misdemeanor
reductions and probation for clients facing prosecution for a wide
variety of serious felony and misdemeanor offenses.
Contact us now to
schedule an initial consultation with
Salt
Lake City defense attorney Stephen Howard.
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